The opinion
Dissenting Opinion by
Judge Mencer:
I respectfully dissent. I cannot conclude that the zoning ordinance in question here prohibits townhouse development throughout Whitpain Township. I am of the view that townhouse use is permitted by special exception pursuant to Section 801(G) (d) of the Whit-pain Township Zoning Ordinance.
Section 801(G) (d) provides that “[a]ny other lawful and legitimate use not otherwise specifically provided for in this ordinance” may be authorized by special exception. I am satisfied that this catchall section was intended to prevent an attack on the zoning ordinance as being exclusionary in contravention of Girsh Appeal, 437 Pa. 237 , 263 A.2d 395 (1970).
The majority argues that townhouses are not merely “not otherwise specifically provided for” in the ordinance but are expressly excluded as a permitted use by the ordinance’s definition of a multiple dwelling. My response to this contention is that townhouses are so excluded only in the B-3 Multi-Family District but allowed, by special exception, in the I Limited Industrial District. Compare Benham v. Middletown Township Board of Supervisors, 22 Pa. Commonwealth Ct. 245 , 349 A.2d 484 (1975).
The interpretation placed on Section 801(G) (d) by the majority seems to me to make that section almost meaningless, whereas I deem it to be the safety valve which precludes an exclusionary zoning challenge. Therefore, I would reverse and reinstate the decision of the Whitpain Township Board of Supervisors.